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ANCILLARY RELIEF: Kremen v Agrest [2011] EWHC 2571 and 3091 (Fam)

(Family Division; Mostyn J; 15 October and 3 December 2010)

This judgment concerned a charge by the husband of matrimonial home (already subject to two charges) in favour of a third party. The wife sought to have charge set aside either under Matrimonial and Family Proceedings Act 1984, s 23 or as sham.

The applications to set aside transactions as shams or under s23 MFPA 1984 for intention to defeat the wife's claims. The test for sham is a stiff one. Two of the transactions were set aside under s23, the other as a sham. The Court of Appeal upheld the orders